Oregon Legislature could address Section 8 discrimination if Democrats control House

Beth Nakamura/The OregonianPortland Commissioner Nick Fish oversees the Portland Housing Bureau. He said he supports a statewide Legislative effort, rather than a city policy, to end the ability of landlords to turn away tenants simply because they have a federal Section 8 voucher that subsidizes rent.

The Oregon House of Representatives could take steps to abolish a law allowing landlords to discriminate against low-income renters who receive a federal rent subsidy, if Democrats win majority control in the November election, Portland city Commissioner Nick Fish said Tuesday.

Rep. Tina Kotek, D-Portland, wants to push the Housing Choice Act of 2013, which Fish said would include ending a provision enabling landlords to turn away residents with a Section 8, or Housing Choice Voucher, subsidy.

The Oregonian's "Locked Out" series in June reported that the Section 8 program in Multnomah County is concentrating residents almost entirely in poor neighborhoods east of 82nd Avenue. In the past decade, the housing authority serving Multnomah County added nearly 2,100 vouchers to its program, but a net 93 percent were used east of 82nd, the same areas that officials acknowledge have fewer services and amenities.

Fish, who oversees the Portland Housing Bureau, said Tuesday that voucher recipients disproportionately include the elderly, minorities and people with disabilities, leaving lingering questions about whether such concentrations run afoul of the nation's Fair Housing Act.

"Because voucher holders are more likely to fall into protected categories, there appears to be a disparate impact," he said.

His comments came during a monthly meeting of the Portland Housing Advisory Commission. Fish said the law, which currently allows landlords to turn away renters simply because they receive Section 8 assistance, is one of several factors that limits choice for low-income residents.

"This one, it's not clear to me, that this independently is a game changer," Fish said. "But I for one think it's time for us to approach this."

Until recently, leaders for Portland, Multnomah County and the housing authority had not prioritized changes within the Section 8 program.

In a required fair housing report, called an analysis of impediments to fair housing choice, officials in 2011 wrote that Section 8 vouchers were used in "clear clusters." But the report said more study was needed to determine how much choice residents actually have and to understand where vouchers are accepted, among other things.

The report did include several recommendations about the Section 8 program -- form an advisory group, collaborate with the housing authority and local providers to increase choice, and continue partnering with housing providers -- but officials didn't prioritize any of them.

View full sizeFaith Cathcart/The OregonianRep. Tina Kotek, D-Portland, at work in the state Capitol earlier this session.

Kotek, now the House Democratic Leader, tried in 2009 to eliminate the provision giving landlords the ability to reject tenants receiving Section 8 assistance. She previously told The Oregonian that she planned to reintroduce the legislation in 2013, if her party is in control. If that happens, Kotek likely would be speaker of the house, Fish said. But she also faces her own re-election bid against Republican Michael Harrington.